U.S. Warns Italy on Jews As Fascist Council Enacts New Curbs

October 9, 1938

WASHINGTON (Oct. 7)

Calling the Italian Government’s attention to the freedom and lack of racial and religious discrimination enjoyed by italians in this country, the United States has bluntly told Rome she believes that, “on further consideration,” Italy will decide not to subject American Jews to expulsion or other discrimination.

This assertion was embodied in a note, made public today, which Ambassador William Phillips presented to Foreign Minister Galeazzo Ciano on Wednesday. There are approximately 200 American Jews affected by the Italian decree for expulsion of post-war Jewish immigrants, the State department revealed on Sept. 16.

Although worded with the utmost diplomacy, the note was interpreted in diplomatic circles here as a warning and an unmistakable hint at retaliatory measures unless the Italian Government acted favorably.

After reviewing the Italian expulsion decree of Sept. 12 and the decree of Sept. 13 barring Jews from schools, the note stresses that although the Italo-American Treaty of 1871 has been abrogated, italians may reside anywhere in the united states, and engage in all occupations, enjoying religious freedom without “discrimination either on the ground of race or creed.”

Then the note concludes with this significant paragraph: “My Government believes, therefore, that upon further consideration the italian Government will decide that american citizens lawfully residing in italy will not be discriminated against on account of race or creed and that they will not be subjected to provisions of the nature of those embodied in the decree-laws in question.”

TEXT OF NOTE TO ITALY

The State Department’s announcement follows:

Upon instructions of the Secretary of State, the American Ambassador to Italy, Mr. William Phillips, on October 5 presented the following note to Count Ciano, Italian Minister of Foreign Affairs:

“I have the honor to inform your excellency that I have been instructed by my Government to bring the following matter to your attention.

“The Official Gazette on September 12, 1938, published the text of Decree-Law No. 1381, which provides, among other things, that from the date of publication foreigners both of whose parents are of jewish race are forbidden to fix their permanent residence in the Kingdom, in Libya and in the Aegean possessions; that foreigners both of whose parents are of the Jewish race who at the date of publication are residing within the Kingdom, Libya and the Aegean possessions and who began their sojourn therein subsequent to January 1, 1919, must leave italian territory within six months from the date of publication. Expussion, after application of penalties, from Italian territory is provided for non-compliance with the above obligation. It is further provided that controversies which may arise in the application of the Decree-law shall be settled, case by case, by decree of the Minister of the Interior.

“The Official Gazette of September 13, 1938, published Decree-Law No. 1390 whereby all persons both of whose parents are of the jewish race are barred from the teaching profession in general and from admission to all schools and institutions of learning recognized by the State.

“While the Treaty of Commerce and Navigation between the United States and Italy of 1871, which contained provisions for establishment and residence, has been abrogated, nevertheless Italians who have been properly admitted into the united states may reside wherever they like therein and are accorded full protection of our laws with respect to their persons and property. in general they may freely engage in private business, trade, or occupation; they also enjoy religious freedom, and there is no discrimination either on ground of race or creed.

“My Government believes, therefore, that upon further consideration the Italian Government will decide that American citizens lawfully residing in Italy will not be discriminated against on account of race or creed and that they will not be subjected to provisions of the nature of those embodied in the decree-laws in question.”